Law: Pakistan Penal Code, 1860

Section: 34,302

Law: Criminal Procedure Code (V of 1898)

Section: 544-A

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Ocular account was not proved---Effect---Accused was charged for the murder of real sister of the complainant by firearm---Ocular account was furnished by three witnesses including complainant claiming themselves to be the eye-witnesses of the occurrence---Complainant had deposed that he was not present at the time of occurrence---Police allegedly had obtained his signatures on blank paper and chalked out the FIR of their choice---Said witness stated that he came at the spot after the occurrence---Complainant was declared hostile on the request of Public Prosecutor---Remaining eye-witnesses stated that they were present in the house of deceased and saw the occurrence---Admittedly, said witnesses were not residing in the house of deceased---Circumstances suggested that said witnesses were chance witnesses, but had failed to establish their presence at the time and place of occurrence---Complainant had not supported the prosecution case---Co-accused, real brother of the accused had been attributed effective role of fire shot on the person of deceased but he had been acquitted by the trial court by disbelieving the evidence of eye-witnesses---Complainant/State had not filed any appeal against acquittal---Same evidence against the accused could not be believed in absence of any independent corroborative evidence, which was missing in the present case---Circumstances established that prosecution had failed to prove the case against the accused beyond shadow of doubt---Accused was acquitted in circumstances by setting aside conviction and sentence recorded by the Trial Court. Shahbaz v. The State 2016 SCMR 1763 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Recovery of weapon of offence, crime empty and report of Forensic Science Laboratory--- Accused during interrogation, disclosed and got recovered pistol 30-bore---Report of Forensic Science laboratory showed that crime empties were received in the office on 23.11.2010 after the arrest of the accused, while…

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